What is a Tier 1 Exceptional Talent visa, and do you need one?
The Tier 1 Exceptional Talent visa was created to attract internationally recognised leaders and emerging leaders in digital technology, sciences, engineering, humanities and the arts.
This category is now closed and has been replaced by the Global Talent visa. However, it remains relevant for individuals previously granted leave under this route.
Successful applicants were required to obtain endorsement from an approved competent body before applying for their visa. Endorsement places were subject to annual quotas.
After five years of lawful residence, visa holders could apply for Indefinite Leave to Remain and eventually British citizenship.
Why use a solicitor for this application?
*** This category is now closed and was replaced by the Global Talent Visa – please follow the link to read further. ***
The Tier 1 Exceptional Talent visa was designed to attract the world’s top talent to the UK from the fields of digital technology, engineering, humanities, sciences and the performing arts. Successful applicants had to be already be internationally recognised or had the potential to be.
This category enabled talented individuals with the opportunity to live and work in the UK, to further their career and thereby contribute to their chosen field.
After 5 years of continuous residence in this capacity an individual will be eligible to apply for ‘indefinite leave to remain’ and eventually to naturalise as a British citizen.
Initial application process
Prospective applicants needed to complete a two stage process which involved initially submitting a formal application with supporting documents to a designated competent body as follows – places available were restricted:
- The Arts Council
- The Royal Society
- The Royal Academy of Engineering
- The British Academy and
- Tech City UK.
An application for the Tier 1 Exceptional Talent visa could only be made if one of the above bodies endorses the application.
Once the designated bodies had used up their quota for the year, no further applications could be approved. The Home Office had a procedure where an unused quota can be reallocated from one body to another during the year.
If an endorsement was granted to an applicant, the second part of the process – the visa application, could be made within prescribed time limits.
Applicants had to pay the Immigration Health Charge at the time.
Switching status
Only individuals in the UK with the following visas could have switched category:
- Tier 1 migrant;
- Tier 2 Migrant; or
- Tier 5 Temporary Worker Migrant under the Government Authorised Exchange sub category in an exchange scheme for sponsored researchers.
Length of leave
Initial applicants were granted 3 years and 4 months at the entry clearance stage.
Applicants who switch within the UK will be granted 3 years.
Applicants at the end of the above periods may then apply for an extension to stay for a further period of 2 years subject to showing that they have earned income from their category they were approved for.
Applications for extensions can be made from both overseas and in the UK.
Indefinite leave to remain
Once a Tier 1 Exceptional Talent visa holder has completed 5 years continuous lawful stay in this category, they can apply for settlement provided that:
- the competent body who initially endorsed the application does not object;
- the applicant has been economically active in the category they were approved for; and
- the applicant can satisfy the Life in the UK test requirements.
Please note time spent in other Tier 1 or Tier 2 categories can count towards the 5 year period for settlement.
Dependent family members
The spouse or unmarried partner and any unmarried children under 18 years of age could accompany the main applicant to the UK. However, they had to obtain entry clearance prior to travel.
Dependants were allowed to remain in the UK for the same period as the main holder and were be granted any extensions or indefinite leave to remain.
They could also work in the UK if no special restrictions had been placed on their stay.
Other possible requirements
The certificate holder, spouse and children aged 16 or over who accompany them to the UK may have been imposed with a requirement to register with the UK police.
No employment as a doctor or dentist in training or as a professional sportsman was allowed under this category.